South Carolina General Assembly
118th Session, 2009-2010
Journal of the Senate

Thursday, February 12, 2009
(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

In Exodus we read:

"Then Moses stretched out his hand over the sea, and all that night the Lord drove the sea back with a strong east wind and turned it into dry land. The waters were divided and the Israelites went through the sea on dry ground..." (Exodus 14:21-22a)

Let us pray:

In spectacular and miraculous fashion You have met the needs of Your people through the centuries, dear God. And though we are not actually begging for modern-day miracles, we do so clearly know how it is that we, too, are to trust in You with every fiber of our being. These leaders themselves are being confronted by many responsibilities, and once again the needs of the people are so very great during these times of hardship, of struggle and of difficulty. May each of these Senators and every staff member feel the very real power of Your presence here in their midst, holy God. Lead them wisely. In Your loving name we pray.
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

On motion of Senator FAIR, with unanimous consent, the Chaplain was recognized to present Bibles to the newest members of the Senate--Senators BRIGHT, COLEMAN, DAVIS, NICHOLSON, MULVANEY, ROSE, SCOTT and SHOOPMAN. A Bible would be presented to Senator S. MARTIN upon his return from a leave of absence today.

Privilege of the Chamber

On motion of Senator SCOTT, with unanimous consent, the Privilege of the Chamber, to that area behind the rail, was extended to Mr. Emmanuel Ohonme, President and Founder of Samaritan's Feet.

S. 416 (Word version) -- Senators Lourie, Knotts, Land, Leatherman, Hutto, Pinckney, Elliott, O'Dell, Massey, Peeler, Leventis, Hayes, Anderson, Sheheen, Rankin, Malloy, Scott, Williams, Setzler, Nicholson, Reese and L. Martin: A BILL TO ENACT THE "HEALTH CARE ACCESSIBILITY FOR YOUNG AMERICANS ACT", INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-295 SO AS TO PROVIDE HEALTH INSURANCE COVERAGE UNDER A PARENT'S POLICY FOR CERTAIN MILITARY PERSONNEL ON TERMINATION OF ACTIVE DUTY STATUS, AMONG OTHER THINGS; BY ADDING SECTION 38-71-300 SO AS TO DEFINE THE TERMS "DEPENDENT" AND "ELIGIBLE DEPENDENT" FOR HEALTH INSURANCE POLICIES ISSUED IN THIS STATE; TO AMEND SECTION 38-71-350, RELATING TO THE REQUIRED CONTINUATION OF COVERAGE FOR HANDICAPPED CHILDREN UNDER A PARENT'S INDIVIDUAL POLICY, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 38-71-360, RELATING TO THE REQUIRED CONTINUATION OF COVERAGE FOR NONHANDICAPPED CHILDREN UNDER A PARENT'S INDIVIDUAL POLICY, SO AS TO MAKE CONFORMING CHANGES; TO AMEND SECTION 38-71-780, RELATING TO THE REQUIRED CONTINUATION OF COVERAGE TO HANDICAPPED AND DEPENDENT CHILDREN UNDER A PARENT'S GROUP POLICY, SO AS TO MAKE CONFORMING CHANGES; AND TO AMEND SECTION 38-71-1330, AS AMENDED, RELATING TO DEFINITIONS CONCERNING SMALL EMPLOYER HEALTH INSURANCE, SO AS TO MAKE CONFORMING CHANGES.
l:\council\bills\dka\3163dw09.docx

Read the first time and referred to the Committee on Banking and Insurance.

S. 417 (Word version) -- Senators Knotts, Land, Campbell, Coleman, Cromer, Setzler, Courson and Thomas: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES, RETIREES, AND THEIR DEPENDENTS ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THIS ELIGIBILITY TO THE SOUTH CAROLINA ATHLETIC COACHES ASSOCIATION.
l:\council\bills\nbd\11249bh09.docx

Read the first time and referred to the Committee on Finance.

S. 418 (Word version) -- Senator L. Martin: A BILL TO AMEND SECTION 7-17-220 OF THE 1976 CODE, RELATING TO MEETINGS OF THE BOARD OF STATE CANVASSERS, TO PROVIDE THAT A MEETING MAY BE CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION INSTEAD OF IN PERSON AT THE OFFICE OF THE STATE ELECTION COMMISSION; AND TO AMEND SECTION 7-17-510, RELATING TO THE CONVENING OF THE COUNTY COMMISSIONERS OF ELECTION AS COUNTY BOARDS OF CANVASSERS, TO PROVIDE THAT ANY REQUIRED MEETINGS MAY BE CONVENED BY TELEPHONE OR ELECTRONIC COMMUNICATION.
l:\s-rules\drafting\lam\005stca.ec.lam.docx

Read the first time and referred to the Committee on Judiciary.

S. 419 (Word version) -- Senators Knotts, Land, Campbell, Coleman, Peeler, Setzler, McConnell, Cromer, Leatherman and Thomas: A BILL TO AMEND SECTION 56-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS CONCERNING THE DEPARTMENT OF MOTOR VEHICLES AND ITS OPERATIONS, SO AS TO PROVIDE A DEFINITION FOR THE TERM "MEDIUM SPEED VEHICLE"; TO AMEND ARTICLE 1, CHAPTER 2, TITLE 56, RELATING TO LOW SPEED VEHICLES, SO AS TO PROVIDE THAT THIS ARTICLE ALSO APPLIES TO THE OPERATION OF MEDIUM SPEED VEHICLES; AND TO AMEND SECTION 56-5-820, RELATING TO PENALTIES FOR THE UNLAWFUL OPERATION OF A LOW SPEED VEHICLE, SO AS TO PROVIDE THAT THESE PENALTIES ALSO APPLY FOR THE UNLAWFUL OPERATION OF A MEDIUM SPEED VEHICLE.
l:\council\bills\swb\5720cm09.docx

Read the first time and referred to the Committee on Transportation.

S. 420 (Word version) -- Senators Knotts, Land, Coleman, Setzler, McConnell, Leatherman, Courson and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4975 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR CERTAIN PERSONS TO OPERATE A VEHICLE THAT IS UPFITTED AS AN AMBULANCE OR NO LONGER PERMITTED AND LICENSED AS AN AMBULANCE UNLESS CERTAIN EXTERIOR ITEMS THAT DISTINGUISH IT AS AN AMBULANCE ARE REMOVED, TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION, AND TO PROVIDE THAT THE USE OF THE VEHICLE DURING THE COMMISSION OF A CRIME OR A TERRORIST ACT IS A FELONY.
l:\council\bills\swb\5719cm09.docx

Read the first time and referred to the Committee on Judiciary.

S. 421 (Word version) -- Senator Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE HONORABLE MARY Y. CLARK, OF KERSHAW COUNTY, FOR HER OUTSTANDING ACHIEVEMENTS AS MAYOR OF CAMDEN, HER COMMITMENT TO THE CITIZENS OF THAT CITY, AND HER SUPPORT OF THE ARTS, EDUCATION, AND BUSINESS COMMUNITIES.
l:\council\bills\nbd\11167bh09.docx

The Concurrent Resolution was adopted, ordered sent to the House.

S. 422 (Word version) -- Senator Jackson: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE PASSING OF WALLACE BYRD, OF RICHLAND COUNTY, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
l:\council\bills\rm\1099dw09.docx

The Concurrent Resolution was adopted, ordered sent to the House.

S. 423 (Word version) -- Senator Lourie: A SENATE RESOLUTION TO RECOGNIZE AND COMMEND THE CARDINAL NEWMAN SCHOOL WRESTLING TEAM FOR ITS EXCEPTIONAL SEASON AND FOR CAPTURING THE 2009 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP TITLE, AND TO HONOR THE TEAM'S SUPERLATIVE WRESTLERS, COACHES, AND STAFF.
l:\council\bills\rm\1094htc09.docx

The Senate Resolution was adopted.

S. 424 (Word version) -- Senators Bright, S. Martin, Alexander, Campbell, Fair, Knotts, Cromer, Mulvaney, Verdin, L. Martin, Shoopman, Rose, McConnell, Thomas, Cleary, Courson, Coleman, Davis, Reese and Campsen: A CONCURRENT RESOLUTION TO AFFIRM SOUTH CAROLINA'S SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THE UNITED STATES CONSTITUTION OVER ALL POWERS NOT ENUMERATED AND GRANTED TO THE FEDERAL GOVERNMENT BY THE UNITED STATES CONSTITUTION.
l:\s-res\lb\006tent.kmm.lb.docx

The Concurrent Resolution was introduced and referred to the Committee on Judiciary.

The Concurrent Resolution was introduced and referred to the Committee on Labor, Commerce and Industry.

H. 3295 (Word version) -- Reps. Hamilton, Allen, Bedingfield, Cato, Dillard, Nanney, Stringer and Wylie: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 8, 2009, BY THE STUDENTS OF PARIS ELEMENTARY SCHOOL, TAYLORS ELEMENTARY SCHOOL, AND SEVIER MIDDLE SCHOOL WHEN THE SCHOOLS WERE CLOSED DUE TO A POWER OUTAGE IS EXEMPT FROM THE MAKE-UP REQUIREMENT THAT FULL SCHOOL DAYS MISSED DUE TO SNOW, EXTREME WEATHER, OR OTHER DISRUPTIONS BE MADE UP.

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 3452 (Word version) -- Reps. Bannister, Bales, Crawford, Limehouse, G. M. Smith, J. E. Smith and Frye: A BILL TO AMEND SUBARTICLE 11, ARTICLE 3, CHAPTER 6, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF MANUFACTURERS OF ALCOHOLIC LIQUORS, SO AS TO INCLUDE REGULATION OF MICRO-DISTILLERS OF ALCOHOLIC LIQUORS ON LICENSED PREMISES, TO DEFINE NECESSARY TERMS, TO PROVIDE A BIENNIAL DISTILLERY LICENSE FEE, TO PROVIDE PROCEDURES FOR WHO MAY OBTAIN A LICENSE, TO PROVIDE RESTRICTIONS ON THE LICENSE, TO PROVIDE FOR APPLICATIONS FOR TASTINGS AND LIMITATIONS ON TASTINGS, AND TO PROVIDE A PENALTY FOR PERSONS WHO VIOLATE THE PROVISIONS OF THE SUBARTICLE.

Read the first time and referred to the Committee on Judiciary.

H. 3457 (Word version) -- Reps. Ott, Govan, Cobb-Hunter, Harrell and Sellers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 24 TO CHAPTER 53, TITLE 59 SO AS TO PROVIDE FOR THE ORANGEBURG-CALHOUN TECHNICAL COLLEGE ENTERPRISE CAMPUS, AND TO PROVIDE FOR ITS POWERS AND DUTIES.

Read the first time and referred to the Committee on Education.

H. 3463 (Word version) -- Reps. G. R. Smith, Bannister and Hiott: A BILL TO AMEND SECTION 56-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HANDWRITTEN AND ELECTRONIC TRAFFIC TICKETS, SO AS TO DELETE THE PROVISIONS THAT REQUIRE ELECTRONIC TRAFFIC TICKETS TO BE PRINTED IN SPECIFIC COLORS.

Read the first time and referred to the Committee on Transportation.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

THIRD READING BILLS

The following Bill and Joint Resolution were read the third time and ordered sent to the House of Representatives:

S. 126 (Word version) -- Senators Sheheen and Elliott: A BILL TO AMEND SECTION 56-3-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO CERTAIN HANDICAPPED PERSONS, SO AS TO DEFINE THE TERM "HANDICAPPED", DELETE THE TERM "LICENSE TAG" AND REPLACE IT WITH THE TERM "LICENSE PLATE", AND TO REVISE THE CRITERIA FOR THE ISSUANCE OF THE LICENSE PLATE; TO AMEND SECTION 56-3-1950, RELATING TO THE DEFINITION OF THE TERM "HANDICAPPED", AND THE REQUIREMENT THAT A LICENSED PHYSICIAN SHALL CERTIFY THAT A PERSON'S TOTAL AND PERMANENT DISABILITY SUBSTANTIALLY IMPAIRS HIS ABILITY TO WALK, SO AS TO REVISE THE DEFINITION OF THE TERM "HANDICAPPED" AND TO DELETE THE PROVISION RELATING TO THE CERTIFICATION OF A PERSON WHO IS TOTALLY AND PERMANENTLY DISABLED; TO AMEND SECTION 56-3-1960, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, AND THE ISSUANCE AND DISPLAY OF HANDICAPPED LICENSE PLATES AND PLACARDS, SO AS TO DELETE THE PROVISION THAT PROVIDES FOR THE ISSUANCE OF HANDICAPPED LICENSE PLATES, AND TO REVISE THE PROVISIONS REGARDING THE CONTENT, ISSUANCE PROCEDURE, AND DISPLAY OF HANDICAPPED PLACARDS; TO AMEND SECTION 56-3-1965, RELATING TO MUNICIPALITIES DESIGNATING PARKING SPACES FOR HANDICAPPED PERSONS, SO AS TO REVISE THE PROCEDURES THAT ALLOW A HANDICAPPED PERSON TO PARK IN METERED OR TIMED PARKING PLACES WITHOUT BEING SUBJECT TO PARKING FEES OR FINES; AND TO AMEND SECTION 56-3-2010, RELATING TO THE ISSUANCE OF PERSONALIZED LICENSE PLATES, SO AS TO PROVIDE THAT A PERSON WHO ALSO QUALIFIES IS QUALIFIED TO RECEIVE THIS LICENSE PLATE AND A HANDICAPPED LICENSE PLATE MAY BE ISSUED A PERSONALIZED LICENSE PLATE THAT INCLUDES A DECAL THAT CONTAINS THE INTERNATIONAL SYMBOL OF ACCESS.

S. 278 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO ALLOW THE GOVERNING BODY OF A COUNTY BY RESOLUTION ADOPTED BY MAJORITY VOTE TO ALLOW COUNTY OFFICIALS CHARGED WITH COLLECTING TAXES ON REAL PROPERTY FOR PROPERTY TAX YEARS 2008 AND 2009 TO WAIVE OR REDUCE THE PENALTIES FOR LATE PAYMENTS, AND TO PROVIDE THAT THE RESOLUTION MUST PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THE WAIVER OR REDUCTION APPLIES.

SECOND READING BILLS

The following Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:

S. 409 (Word version) -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF ASIAN CITRUS PYSLLID AS PLANT PEST AND QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 4039, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Recorded Vote

Senators RYBERG and BRYANT desired to be recorded as voting in favor of the second reading of the Resolution.

Senators RYBERG and BRYANT desired to be recorded as voting in favor of the second reading of the Resolution.

ADOPTED

H. 3338 (Word version) -- Reps. King and Simrill: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 5 IN YORK COUNTY FROM ITS INTERSECTION WITH CHERRY ROAD TO ITS INTERSECTION WITH HECKLE BOULEVARD "JUANITA GOGGINS HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JUANITA GOGGINS HIGHWAY".

S. 21 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47
TO TITLE 15 SO AS TO ENACT THE "UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT", TO PROVIDE AN EFFICIENT AND INEXPENSIVE PROCEDURE FOR LITIGANTS TO DEPOSE OUT-OF-STATE INDIVIDUALS AND FOR THE PRODUCTION OF DISCOVERABLE MATERIALS THAT MAY BE LOCATED OUT OF STATE.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator MASSEY proposed the following amendment (JUD0021.005):

Amend the Committee Report, as and if amended, page 2, beginning on line 21, by striking subitem (B) of Section 15-47-120 and inserting therein the following:

/ (B) When a party submits a foreign subpoena to a clerk of court in this State, the clerk, in accordance with the rules of court, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed. A clerk of court may charge a reasonable fee for submitting a foreign subpoena. The subpoena must incorporate the terms used in the foreign subpoena and contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. /

Amend the bill, as and if amended, page 2, beginning on line 30, by striking Section 15-47-130, and inserting therein the following:

/ Section 15-47-130. A subpoena issued by a clerk of court under Section 15-47-120 must be served in compliance with the applicable rules of court or statutes relating to the service of a subpoena in this State. If it is requested that Clerk of Court forward the foreign subpoena for service by the sheriff in the county, then the sheriff may charge a reasonable fee for the service. In the alternative, the attorney may handle the service of a subpoena pursuant to the applicable rules of court. /

Renumber sections to conform.

Amend title to conform.

Senator MASSEY explained the amendment.

Senator MALLOY objected to further consideration of the Bill.

PREVIOUSLY PROPOSED AMENDMENT WITHDRAWN AMENDMENT PROPOSED, OBJECTION

S. 132 (Word version) -- Senators Sheheen and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-175 SO AS TO PROVIDE THAT A LENDER WHO DELIVERS AN UNSOLICITED CHECK TO A PERSON MUST DISCLOSE THAT THE CHECK SECURES A LOAN, THE TERMS OF THE LOAN, AND NOTICE THAT BY NEGOTIATING THE CHECK THE RECIPIENT HAS ENTERED INTO A LOAN AGREEMENT, TO PROVIDE PROTECTION AND RECOURSE FOR INTENDED PAYEES IF AN UNSOLICITED CHECK IS CASHED FRAUDULENTLY, AND TO PROVIDE THAT A VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE AND SUBJECT TO APPROPRIATE PENALTIES AND ENFORCEMENT.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the previously proposed amendment by Senators FORD and KNOTTS and printed in the journal of February 10, 2009.

Senators FORD and KNOTTS proposed the following amendment (JUD0132.004):

Amend the bill, as and if amended, by striking the bill in its entirety and inserting the following:

/ A BILL

TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-475 SO AS TO CREATE THE CRIME OF SENDING UNSOLICITED CHECKS FOR THE PURPOSE OF CREATING UNSOLICITED OR UNREQUESTED LOANS, TO PROVIDE THAT A VIOLATION IS A FELONY, AND TO PROVIDE FOR A MANDATORY MINIMUM PENALTY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 13, Title 16 is amended by adding:

"Section 16-13-475. (A) For purposes of this section:

(1) 'Check' means a demand draft drawn on or payable through an office of a depository institution located in the United States, which has imprinted on it the account holder's name and the depository institution's name, location, and routing number.

(2) 'Unsolicited check' means a check mailed or otherwise delivered to a person from a person, firm, or corporation engaged in lending money, which is made payable to the recipient and which, upon negotiation, creates a loan and obligates the recipient to repay the amount of the check plus interest and fees.

(B) It is unlawful for a person, firm, or corporation to engage in the business of sending unsolicited checks to persons for the purpose of making a loan.

(C) The provisions of this section do not apply to a transaction in which a person has submitted an application or requested an extension of credit from the lender before receiving the check or instrument, or if the lender has an existing account relationship with the person.

(D) A person, firm, or corporation that violates this section is guilty of:

(1) for a first offense, a misdemeanor and, upon conviction, must be fined not less than five hundred dollars but not more than one thousand dollars or imprisoned not less than thirty days, or both;

(2) for a second offense, a misdemeanor and, upon conviction, must be fined not less than one thousand dollars but not more than three thousand dollars or imprisoned not less than one year but not more than five years, or both;

(3) for a third or subsequent offense, a felony and, upon conviction, must be fined not less than one thousand five hundred dollars but not more than five thousand dollars or imprisoned not less than eighteen months but not more than five years, or both."

SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 3. This act takes effect one hundred-eighty days after approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Senator KNOTTS explained the amendment.

Senator MASSEY argued contra to the adoption of the amendment.

Senator MARTIN objected to further consideration of the Bill.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator L. MARTIN, the Senate agreed to dispense with the Motion Period.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

AMENDMENT PROPOSED, DEBATE INTERRUPTED

S. 351 (Word version) -- Senators Grooms, McConnell and Ford: A BILL TO AMEND ARTICLE 1, CHAPTER 3, TITLE 54 OF THE 1976 CODE, RELATING TO THE CREATION AND ORGANIZATION OF THE SOUTH CAROLINA STATE PORTS AUTHORITY, TO CLARIFY THAT THE POWERS AND DUTIES OF THE AUTHORITY ARE EXERCISED BY A BOARD OF DIRECTORS, TO PROVIDE THAT CANDIDATES FOR APPOINTMENT MUST POSSESS CERTAIN QUALIFICATIONS, TO PROVIDE THAT CANDIDATES MUST BE SCREENED TO DETERMINE WHETHER THEY POSSESS THE REQUIRED QUALIFICATIONS BEFORE THEY MAY SERVE ON THE BOARD, TO PROVIDE THAT MEMBERS OF THE BOARD MAY BE REMOVED FROM OFFICE ONLY FOR CAUSE, TO PROVIDE THAT THE BOARD MUST PERFORM AN ANNUAL PERFORMANCE REVIEW OF THE EXECUTIVE DIRECTOR, TO ESTABLISH THAT DIRECTORS HAVE A DUTY OF GOOD FAITH AND ORDINARY CARE WHEN DISCHARGING THEIR DUTIES AS A DIRECTOR, TO PROHIBIT CONFLICT OF INTEREST TRANSACTIONS, TO ESTABLISH A SOUTH CAROLINA STATE PORTS ADVISORY BOARD, AND SET THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE ADVISORY BOARD; TO AMEND CHAPTER 3, TITLE 54, BY ADDING ARTICLE 2, RELATING TO PORTS AUTHORITY MANAGEMENT, TO PROVIDE THAT THE BOARD OF DIRECTORS MUST HIRE AN EXECUTIVE DIRECTOR OF PORT OPERATIONS AND TO ESTABLISH THE DIRECTOR'S DUTY TO OPERATE THE PORTS IN A MANNER CONSISTENT WITH THE MISSION, POLICIES, AND DIRECTION OF THE BOARD; TO AMEND SECTION 54-3-140(5), TO PROVIDE THAT THE BOARD OF DIRECTORS MUST ADOPT AN ORGANIZATIONAL STRUCTURE FOR AUTHORITY OPERATIONS; TO AMEND SECTION 54-3-140, RELATING TO THE POWERS OF THE PORTS AUTHORITY, BY ADDING TWO NEW ITEMS THAT REQUIRE A LONG-RANGE PORT DEVELOPMENT AND CAPITAL FINANCING PLAN AND TO PROVIDE THAT THE AUTHORITY MUST CONSIDER PUBLIC-PRIVATE PARTNERSHIPS FOR CURRENT AND FUTURE OPERATIONS; TO AMEND SECTION 54-3-1040, RELATING TO THE ANNUAL FINANCIAL STATEMENT, AND TO PROVIDE THAT COPIES OF THE STATEMENT MUST BE FORWARDED TO THE ADVISORY COMMITTEE AND THE GENERAL ASSEMBLY; TO AMEND ARTICLE 11, CHAPTER 3, TITLE 54, RELATING TO FINANCIAL MATTERS, BY ADDING SECTION 54-3-1060, TO PROVIDE THAT THE AUTHORITY MUST MAINTAIN A TRANSACTION REGISTER OF ALL FUNDS EXPENDED OVER ONE HUNDRED DOLLARS AND MUST MAINTAIN ON ITS INTERNET WEBSITE A COPY OF EACH MONTHLY CREDIT CARD STATEMENT FOR ALL CREDIT CARDS MAINTAINED BY THE AUTHORITY; AND TO AMEND CHAPTER 3, TITLE 54, BY ADDING ARTICLE 13, RELATING TO LEGISLATIVE OVERSIGHT, TO REQUIRE REGULAR OVERSIGHT REVIEW OF THE AUTHORITY AND THE EXECUTIVE DIRECTOR.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.

Amend the committee amendment, as and if amended, page [351-3], by striking lines 1 - 13 and inserting:

/ (B)In addition to the abilities and experience required in subsection (A), each board member must possess a background of at least five years in any one or any combination of the following fields of expertise:

(a)maritime shipping;

(b)labor related to maritime shipping;

(c)overland shipping by truck or rail, or both;

(d)international commerce;

(e)finance, economics, or statistics;

(f)accounting;

(g)engineering; or

(h)law. /

Amend the committee amendment further, as and if amended, page [351-4], by striking lines 28 - 37 and inserting:

/ (D)Nothing in this article gives rise to a cause of action against a member of the board of directors or any decision of the board of directors regarding duties of the individual director or the board of directors concerning port operations or development. Willful failure of the board or any individual member of the board to discharge his duties as required by this article may be considered by the Governor in determining whether to reappoint a board member or in the confirmation proceedings of that board member. /

Amend the committee amendment further, as and if amended, page [351-5], by striking lines 38 - 43, and on page [351-6], by striking lines 1 - 43 and inserting:

/ Section 54-3-100.(A)There is established the Maritime Advisory Committee. Members of the advisory committee shall be appointed to four-year terms. The advisory committee shall be comprised of:

(1)the Secretary of Commerce, or his designee; and

(2)one member appointed by the Governor upon recommendation of each of the following:

(a)the South Carolina Stevedores Association;

(b)the International Longshoreman's Association;

(c)the Maritime Association of South Carolina, which must recommend a representative from a warehousing and distribution business;

(d)the South Carolina Manufacturer's Alliance;

(e)the Farm Bureau of South Carolina;

(f)the South Carolina Chamber of Commerce;

(g)the South Carolina Trucking Association; and

(3)one member appointed by the Governor from:

(a)a customs brokerage and freight forwarders business;

(b)a Class 1 Railroad Company providing freight service to an existing port; and

(c)a harbor pilot licensed in this State.

(B)The Governor may only remove members of the advisory committee for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity.

(C)The advisory committee has the following duties and responsibilities:

(1)make an annual written report to the Governor and the General Assembly concerning the advisory committee's activities during the preceding year and the meetings that the advisory committee had with the authority board of directors. The executive director and the board of directors must be provided an opportunity to be heard by the advisory committee on matters in the report relating to the executive director and the board of directors before the advisory committee submits the final report to the Governor and the General Assembly;

(2)make recommendations to the authority board of directors concerning the long range port development and capital financing plan as required by Section 54-3-140( );

(3)make recommendations to the Senate Transportation Committee and House of Representatives Ways and Means Committee; and

(4)consult and advise the authority board of directors on any and all matters referred by the board.

(D)The advisory committee shall elect one of its members to serve as chairman, one member to serve as vice-chairman, and one member to serve as secretary. The advisory committee shall meet upon the call of its chairman and a majority of its members shall constitute a quorum for the transaction of its business. The advisory committee must elect a chairman every two years.

(E)The advisory committee is a public body for the purposes of Chapter 4, Title 30, the Freedom of Information Act.

(F)The advisory committee must meet regularly and as necessary to fulfill its duties and responsibilities and address issues of importance to advisory committee members. The advisory committee must meet with the board of directors at least semi-annually.

(G)(1)In making appointments to the advisory committee, the Governor should consider race, gender, and other demographic and geographic factors to ensure nondiscrimination to the greatest extent possible as to all segments of the population and regions of the State. However, consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed.

(2)in exercising his authority to appoint advisory committee members pursuant to subsection (A)(3) the Governor may not appoint a person from the same company or organization for more than one consecutive term." /

Amend the Committee Report further, as and if amended, page [351-8], by striking lines 17 - 27 and inserting:

/ SECTION ____. The terms of the initial Maritime Advisory Committee members shall be as follows:

(1) The members appointed from the South Carolina Stevedores Association, the South Carolina Chamber of Commerce, the member appointed from a Class 1 Railroad Company providing freight service to an existing port, and the licensed harbor pilot shall be appointed to a two-year term.

(2) The members appointed from the International Longshoreman's Association, the Maritime Association of South Carolina, and the member appointed from a customs brokerage and freight forwarders business shall be appointed to a three-year term.

(3) All other members of the advisory board shall be appointed to full four-year terms and the Secretary of Commerce shall serve during his tenure in office. /

Renumber sections to conform.

Amend title to conform.

Senator DAVIS argued contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 12:41 P.M., Senator L. MARTIN assumed the Chair.

Senator DAVIS argued contra to the adoption of the amendment.

PRESIDENT PRESIDES

At 12:50 P.M., the PRESIDENT assumed the Chair.

Senator DAVIS resumed arguing contra to the adoption of the amendment.

ACTING PRESIDENT PRESIDES

At 1:40 P.M., Senator L. MARTIN assumed the Chair.

Senator DAVIS argued contra to the adoption of the amendment.

Parliamentary Inquiry

Senator PEELER made a Parliamentary Inquiry as to whether the Senator was speaking on the Bill or the amendment.

The ACTING PRESIDENT stated that the pending Order of Business was the consideration of Amendment P-1A and the Senator was speaking on the amendment.

Objection

With Senator DAVIS retaining the floor, Senator PEELER asked unanimous consent to make a motion that the author of the amendment be recognized to explain the amendment.

Senator McCONNELL spoke on the motion.

Senator McCONNELL objected.

Senator DAVIS argued contra to the adoption of the amendment.

Senator McCONNELL explained the amendment.

With Senator McCONNELL retaining the floor, on motion of Senator PEELER, with unanimous consent, debate was interrupted by adjournment.

MOTION ADOPTED

On motion of Senators GROOMS and HUTTO, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. J. P. "Boots" Weatherford of Holly Hill, S.C., beloved husband, devoted father and doting grandfather. Mr. Weatherford was prominent in the agriculture and insurance community, having held positions with the Berkeley County Farm Bureau, Southern Farm Bureau Casualty Insurance Company Board, Farmers Home Administration Board, S.C. Farm Bureau Investment Corporation Board, S.C. Farm Bureau Service Company Board and S.C. Agricultural Commission. He was awarded the Distinguished Service Award from Farm Bureau in 2003 and was Soil Conservation Cooperator of the year in 1981.

ADJOURNMENT

At 3:00 P.M., on motion of Senator PEELER, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

* * *

This web page was last updated on
Friday, December 11, 2009 at 1:13 P.M.